More than a dozen NGOs have issued a joint statement, condemning the criminal proceeding against advocate Nikolay Baghdasaryan initiated by the RA Investigative Committee. The Statement reads:
We are extremely concerned and troubled with the criminal proceeding against the advocate Nikolay Baghdasaryan, which was initiated by the Senior Investigator on Especially Important cases of Gegharkunik regional department of the RA Investigative Committee A. Gabrielyan.
A criminal proceeding against Nikolay Baghdasaryan was launched for the fact that he as the defendant Gagik Geghamyan’s lawyer collected information about the witness Tatevik Hovsepyan. The information allegedly included personal secrets. Later the advocate publicized this information in mass media, which the preliminary investigation body considered as spreading the personal secrets.
We would like to state that the RA law the advocate has the right to collect evidence by lawful means if necessary, including information which includes personal secrets. In addition the advocate, who is a participant in the trial of a criminal case the right to publish any evidence attached to the case, if the court has not warned the latter about not publishing the documents if he did not make public the document, and for which the advocate has signed.
In such case the court must hold a hearing in camera, where the lawyer has the right to publicize any document attached to the case. Instituting a criminal proceeding against Nikolay Baghdasaryan, for collecting evidence including personal secrets and not being notified published this evidence is an illegal encroachment of guarantees of the independence of lawyers.
We remind that the advocate’s activity is a type of human rights protection activity and the government is obliged to ensure the guarantees provided by the “RA Law on Advocacy” so that the advocates are able to freely realize their authorities. Such behavior of the RA Law Enforcement bodies again confirms that obvious interfering by the government in the Republic of Armenia to the activities aimed at the protection of human rights. Illegal and baseless exercising pressure through the criminal proceeding against a person carrying out such activities has become a vicious practice.
Such practice of the RA Law Enforcement Bodies is denial of the obligations provided by the Constitution of the RA as well as the Commitments of the RA under the international treaties, as well as a process against the independence of the Advocacy Institutes. Based on the above said we urge the Prosecutor General’s office to return to the legal field and to maintain the rule of law and the constitutional principle of legality, implementation of the responsibilities provided to the law authorities by the domestic law and international instruments. We demand to immediately stop the criminal proceeding against Nikolay Baghdasaryan and inform the public about the results.
1. “The Foundation Against the Violation of Law” NGO, President Mikael Aramyan
2. “Borders of our Rights” human rights NGO, President Hasmik Sahakyan
3. Yerevan Center for Human Rights Protection NGO, President Suren Iskandaryan
4. “Transparency International Anti-Corruption Center”, President Varuzhan Hoktanyan
5. “Spitak Helsinki Group” NGO, President Ashkhen Babayan
6. Guarantee Center of Civil Society NGO, President, Arman Sahakyan
7. New Generation humanitarian NGO, President Sergey Gabrielyan
8. Helsinki Citizens’ Assembly – Vanadzor NGO, President, Artur Sakunts
9. Protection of Rights without Borders NGO, President Haykuhi Harutyunyan
10. “Peace Dialogue” NGO, President, Edgar Khachatryan
11. Open Society Foundations – Armenia, Larisa Minasyan, Executive Director
